https://djhr.revistas.deusto.es/issue/feed Deusto Journal of Human Rights 2021-03-21T02:52:15+01:00 Trinidad L. Vicente revista.derechos.humanos@deusto.es Open Journal Systems <p>DOI: <a href="http://doi.org/10.18543/djhr">http://doi.org/10.18543/djhr</a></p> <p><em>Deusto Journal&nbsp;of Human Rights &nbsp;(DJHR) </em>— <em>Revista Deusto de Derechos Humanos</em>, in Spanish — (ISSN 2530-4275; e-ISSN&nbsp;2603-6002) is published &nbsp;twice a year&nbsp;by the Pedro Arrupe Human Rights Institute at the University of Deusto. It has been published since 2004 under the title of <em>Anuario de Acción Humanitaria y Derechos Humanos/ Yearbook on Humanitarian Action and Human Rights &nbsp;</em>(ISSN <span class="journal_data_value">1885-298X</span>). During this time, the interdisciplinary approach of its 13 issues has examined humanitarian intervention and human rights in a broader sense.&nbsp;</p> <p>As of 2016, following renewal of its content and structure, the journal is embarking on a new stage with the aim of becoming a benchmark for periodical publications on human rights in Spain and the international scene. Original cutting-edge scientific works from the interdisciplinary field of human rights, which is transversally related to the fields of Law, Philosophy, Sociology, Anthropology, Political Science and International Relations, etc. are compiled for this purpose. Accordingly, the journal’s aim continues to be facilitation and promotion of reflection and interdisciplinary exchange on human rights research from the academic world as well as from the realms of professional and political activities, social activism, etc.</p> <p><em><span lang="EN-GB">Deusto Journal of Human Rights</span></em><span lang="EN-GB">&nbsp;is published online using the Open Journal Systems (OJS) software that integrates the Open Archive Initiative (OAI) protocol for greater dissemination and transmission of its contents&nbsp;on the internet&nbsp;(</span><a href="/oai" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://djhr.revistas.deusto.es/oai&amp;source=gmail&amp;ust=1580369896425000&amp;usg=AFQjCNF4sNd9KjuB_zTYBimQVXqOJStm5Q"><span lang="EN-GB">http://djhr.revistas.deusto.es/oai</span></a><span lang="EN-GB">).</span></p> <p><em>Deusto Journal of Human Rights</em>&nbsp;is included in: <strong><a href="https://doaj.org/toc/2603-6002" target="_blank" rel="noopener">DOAJ</a></strong><strong>,</strong> <strong><a href="https://dialnet.unirioja.es/servlet/revista?codigo=26190" target="_blank" rel="noopener">Dialnet</a></strong><strong>,</strong> <strong>&nbsp;<a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info.action?id=494615" target="_blank" rel="noopener">ERIH PLUS</a></strong><strong>, </strong><strong><a href="http://miar.ub.edu/idioma/en" target="_blank" rel="noopener">MIAR</a></strong>, <a href="https://redib.org/recursos/Serials/Record/oai_revista4546-deusto-journal-human-rights?lng=en" target="_blank" rel="noopener"><strong>REDIB</strong></a>, <a href="https://www.latindex.org/latindex/ficha?folio=28686" target="_blank" rel="noopener"><strong>Latindex</strong></a>,&nbsp;<strong><a href="https://scholar.google.com/scholar?hl=en&amp;as_sdt=1%2C5&amp;as_vis=1&amp;q=%28source%3A%22Revista+Deusto+de+Derechos+Humanos%22%29+OR+%28source%3A%22Deusto+Journal+of+Human+Rights%22%29+OR+%28source%3A%22Anuario+de+Acci%C3%B3n+Humanitaria+y+Derechos+Humanos%22%29+OR+%28source%3A%22Yearbook+on+Humanitarian+Action+and+Human+Rights%22%29&amp;btnG=" target="_blank" rel="noopener">Google Scholar</a></strong><strong>, </strong>and <a href="https://www.worldcat.org/title/deusto-journal-of-human-rights-revista-deusto-de-derechos-humanos/oclc/1055886487?lang=en" target="_blank" rel="noopener"><strong>WorldCat</strong></a>.</p> https://djhr.revistas.deusto.es/article/view/1872 The commission of crimes against humanity by transnational corporations and the extension of the jurisdiction ratione personae of the International Criminal Court 2021-03-21T02:41:32+01:00 Libia Arenal Lora marenal@us.es <p>Can transnational corporations commit crimes against humanity and be investigated and prosecuted by the International Criminal Court (ICC)? This article intends to provide an answer to this question by analyzing the legal possibilities and obstacles that could be found in the application of the Rome Statute of the ICC. First, the article examines whether corporations could meet the requirements established by the recent jurisprudence of the ICC in order to be considered as the concept of “organization” stated in art. 7 of the Rome Statute (RS), complying with the political element of crimes against humanity, and being criminally responsible for these crimes in international law. Secondly, it addresses the extension of the jurisdiction ratione personae of the ICC to include the legal person, specifically corporations, taking into consideration the legal arguments emanating from international law, the ICC system and criminal law.</p><p><strong>Received</strong><span>: 03 February 2020</span><br /><strong>Accepted</strong><span>: 21 September 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T00:00:00+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1871 Between linguistic sovereignty and protected migration: language as safe-conduct in migration from the Philippines to Italy 2021-03-21T02:42:27+01:00 María Cama mariacama@correo.ugr.es María Rubio Gómez mariarubio@ugr.es Francisco Javier García Castaño fjgarcia@ugr.es <p>The article presents the case of Philippine migration to Italy, with particular emphasis on the host country’s use of certain teaching-learning processes of its own language as guarantors of the socio-labour integration of migrants from the South-Asian country. First, we start from the analysis and discussion of a bilateral agreement on migration and labour between the Philippine and Italian Governments that, through the acquisition of the “host” language, provides better migration and employment opportunities. Based on this, we undertake the study of such initiatives, in which migration policies implement integration projects oriented towards assimilation models. Finally, we put the emphasis on the limitations of a legislation that does not yet explicitly recognize to migrants a fundamental right: the right to maintain their own linguistic and cultural heritage.</p><p><strong>Received</strong><span>: 13 March 2020</span><br /><strong>Accepted</strong><span>: 03 September 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T00:00:00+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1874 The problematic (necessary and always insufficient) basis of human rights 2021-03-21T02:43:31+01:00 Demetrio Velasco dvelasco@deusto.es <p>Human rights have been, because of their intrinsic historicity, radically problematic. Since their creation, they have been the expression of a new social imaginary of a revolutionary nature that broke with the worldview of pre-modern society. But history itself has shown their theoretical insufficiency and even their practical perversion, when it comes to achieving their objectives. “Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution” (Declaration of Rights of Man and of the Citizen of 1789, art. 16). Today, we live in a situation of social fascism and inequality so inhuman that they have become a lethal threat to the survival of a large part of humanity and also of the global ecosystem that makes it possible. It is time to create a "new revolutionary ontological order" from which to guarantee the "practical truth", political legitimacy and historical plausibility of the constitutionalism of the future. We must start by eliminating the institutional racism and administrative sadism with which we reject immigrants at the borders of our civilized Europe.</p><p><strong>Received</strong><span>: 03 February 2020</span><br /><strong>Accepted</strong><span>: 06 July 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T00:00:00+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1909 The rights of nature in intercultural dialogue: a look at jurisprudence on the Andean páramos and Indian glaciers 2021-03-21T02:44:28+01:00 Adriana Rodríguez Caguana adriana.rodriguez@uasb.edu.ec Viviana Morales Naranjo vivianamoralesnaranjo@outlook.fr <p>The Andes and Himalayan mountain ranges have biocultural characteristics in common, as they are sources of water in biodiverse territories and are home to thousands of peasant and indigenous families. However, they are in evident danger due to large-scale extractivism. Hence, the high courts of Ecuador, Colombia and India felt compelled to pass new legislation in the face of the ecological and cultural crisis facing their mountain ranges. From an intercultural approach, the jurisprudence of these three biodiverse States, which have been strongly impacted by anthropocentric activities, will be critically analysed. In addition, this article will also demonstrate the importance of developing the content of the rights of nature and the rights of community participation from a biocultural perspective.</p> <p><strong>Received</strong>: 08 April 2020<br><strong>Accepted</strong>: 02 October 2020</p> 2020-12-20T22:30:43+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1873 International bodies as a tool in the fight against poverty in Spain after the Great Recession (2008-2014) 2021-03-21T02:45:18+01:00 Silvia Avellaneda San Antonio silvia.avellaneda@uclm.es <p>This paper analyses the conclusions and recommendations offered by bodies of the United Nations and the Council of Europe, derived from Spain's latest periodic reports, on the situation of rights directly connected to poverty, such as the right to an adequate standard of living and to economic and social protection. The conclusion is that these bodies have shown their concern about the persistence of high levels of poverty in the years of economic recovery and have expressed their views on matters such as housing and social benefits, in terms of both Law and Human Rights. The aim of the article is to contribute to the human rights approach to poverty in Spain, arguing that the fight against it and the improvement of specific issues such as economic protection, public housing or redistribution, are not only matters on the political agenda, but should also comply with international obligations assumed by our country.</p><p><strong>Received</strong>: 11 March 2020<br /><strong>Accepted</strong>: 14 September 2020<br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T00:00:00+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1910 Africa and the International Justice: a shaky relationship 2021-03-21T02:46:14+01:00 María del Ángel Iglesias Vázquez ma.iglesias@unir.net <p>The purpose of this paper is to raise the issue of the relationship between African States and international justice, particularly regarding the International Criminal Court. It shows that, while the Malabo Protocol has not been as successful as its drafters had hoped, regional justice has proved its effectiveness. Various factors, such as the feeling of being the focus of The Hague, the double standard of the International Criminal Court’s actions, or an attack on the sovereignty of States, have led to the revival of an African judicial nationalism that seems to be materializing in the creation of hybrid courts or in a parallel domestic justice together with the establishment of restorative and transitional justice processes in Africa. Regional and local justice rather than international justice, is called upon to provide appropriate justice by investigating and prosecuting the perpetrators of international crimes on the continent.</p> <p><strong>Received</strong>: 04 March 2020<br><strong>Accepted</strong>: 12 November 2020</p> 2020-12-20T22:11:37+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1900 Aspirations and expectations of families of foreign descent in the Basque Country: education, training, work and social mobility 2021-03-21T02:47:20+01:00 Iraide Fernández Aragón iraide.fernandez@ehu.eus Julia Shershneva yulia.shershneva@ehu.eus Maite Fouassier Zamalloa maite.fouassier@ehu.eus <p>This article presents the main results of a study on the sons and daughters of immigrants in the Basque Country. Specifically, we look at the aspirations and expectations generated within the family, both from the point of view of the parents and their descendants with regard to their future. Using a mixed methodology, we address the opinions and perceptions of family members of foreign descent in relation to those elements involved in an educational path aimed at success as a guarantee of upward social mobility. The analysis shows that social and cultural capital are considered elements for achieving greater economic and social integration. Through their speeches, parents affirm the importance of education, knowledge of the Basque language and a strong social network made up of indigenous people.</p> <p><strong>Received</strong>: 18 May 2020<br><strong>Accepted</strong>: 16 November 2020</p> 2020-11-16T00:00:00+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1899 Standardisation and heritage language maintenance: preliminary interdisciplinary considerations with a case-based approach 2021-03-21T02:48:16+01:00 Mattia Zeba mattia.zeba@unitn.it <p>Over the last few decades, emerging hybrid understandings of multilingualism and language belonging have contributed to a more inclusive perspective on language rights and policies. However, it is still debated how similar challenging views on language itself can also contribute to constructing inclusive policies of language maintenance, especially in a kaleidoscopic linguistic landscape such as that shaped by migratory phenomena. Against this background, this paper highlights a series of preliminary considerations regarding the interlocking dynamics among standardisation processes, language variation and international migration. Through an analysis of several relevant cases, it aims to identify how a hybrid understanding of language and its internal variation can contribute to a more effective, sensible and inclusive perspective on heritage language maintenance.</p> <p><strong>Received</strong>: 26 February 2020<br><strong>Accepted</strong>: 06 November 2020</p> 2020-11-16T00:00:00+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1911 Protecting the right to defend Human Rights in Colombia: the Ríos Vivos Antioquia case 2021-03-21T02:49:43+01:00 Diana Marcela Rincón Henao dianarinconh05@gmail.com <p>This paper focuses on the case of Ríos Vivos Antioquia, a social and environmental movement that fights against the construction of Hidroituango —the largest dam in Colombia— which has produced serious environmental and social impacts on the population surrounding the project. This article analyzes the internationalization of the struggle by this movement through different strategies aimed at defending the Human Rights of its community. For that purpose, this research uses documents produced by the movement and reports of some NGOs as well as interviews with members of RVAM and external collaborators to know their main strategies in some depth. This paper concludes that the strategies of internationalization used by this movement have resulted in the strengthening of the social struggle and the empowerment of the population in that region, which has been particularly affected by the violence in Colombia.</p> <p><strong>Recibido</strong>: 19 abril 2020<br><strong>Aceptado</strong>: 06&nbsp; noviembre 2020</p> 2020-12-20T22:43:57+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1901 Léonard, Sarah and Christian Kaunert. 2019. Refugees, security and the European Union. London: Routledge. 220 p. 2021-03-21T02:51:04+01:00 Gustavo de la Orden Bosch gustavodelaorden@deusto.es <p>Over the last two decades, the securitization of borders and human mobility has become a more “high profile” issue in academia. The general consensus is that in Western countries policies on migration have been increasingly adopted through security concerns. Such a statement brings together a broad and complex set of issues: migration, asylum, cross border crimes, external and internal security, to mention some of them. Therefore, in this book, Léonard and Kaunert recognize the need to refine the analysis and undertake the arduous task of decoding the realm and functioning of the securitization process on the specific area of asylum policy in the European Union (EU).</p> 2020-11-16T00:00:00+01:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1902 Intxaurbe, José Ramón. 2019. El empleo de signos dinámicos de adscripción religiosa en los espacios públicos y su gestión a través del instrumento jurídico del acomodo razonable. Estudio de caso de la comunidad Sij. 2021-03-21T02:52:15+01:00 Adoración Castro Jover adoracion.castro@ehu.eus <p>El estudio que se recoge en esta monografía tiene como objetivo mostrar la eficacia de la técnica del acomodo razonable, nacida en el mundo anglosajón, en la gestión de la diversidad. El autor circunscribe la aplicación de esta técnica al ámbito del empleo de signos dinámicos, prefiero la calificación de personales, de adscripción religiosa en los espacios públicos.</p> 2020-11-16T00:00:00+01:00 Copyright (c) 2020 University of Deusto